Underserved Victims of Crime in Dallas County:

Transcription

1 Underserved Victims of Crime in Dallas County: Although it may appear that adequate community resources are available for many victims of crime in Dallas County centers for child abuse, shelters for battered women, rape crisis centers for sexual assault victims far fewer resources are given to those victims whose crime victimization falls beyond these traditional categorizations. Indeed many victims have in the past been overlooked, under-reported, and over-simplified. These underserved victims include those who are survivors of homicide victims, those who have been killed or injured by drunk drivers, elderly victims of fraud, trafficking victimization, immigrants, and others. Elderly victims of economic fraud 1. The vast majority of older adults live on a fixed income. For most, Social Security makes up the greatest part of their retirement funds. The average Social Security recipient age 65 and over receives just $12,437 in annual benefits; and among individuals 65 and older who received income from financial assets, half received less than $1,542 in 2008 (New York Times, October 24, 2009). And yet, these are the people whom others prey upon and financially exploit. Social isolation and mental impairment are two reasons why older adults are vulnerable. Because of a decline in their executive functioning, older adults are more likely to make poor money decisions, and criminals are aware of this vulnerability. Scams range from a door-to-door repairman offering to fix up a sagging porch to a family member who regularly takes the older adult s Social Security check to a friend who, in turn, takes the senior s life savings along with their identity. A family member is more often the abuser than outsiders. At this time of life, the older adult has no chance of acquiring replacement income, and, unfortunately for many, the income they had before the economic fraud was already insufficient to cover their living costs. Everyone is aware of the prevalence of identity theft--high profile cases such as the one in which Brooke Astor s son was indicted and finally convicted are frequently seen in the news. However, the general public is not as aware that this type of exploitation can easily happen to anyone, particularly someone living on a reduced income. For vulnerable older adults, management of daily financial obligations can become an overwhelming burden, quickly spiraling into adverse behaviors and at-risk situations such as unpaid bills, un-deposited checks, and the terrifying consequences of cut-off utilities, bank foreclosures, evictions, and financial exploitation (Brookdale Center for Healthy Aging & Longevity, The Value of Daily Money Management, June 2009.) 2. The U.S. Census Bureau reports an estimated elderly (individuals aged 65 and older) population of 49,034.6 persons for Dallas County in 2009, which is 8.6% of the total population in the County (49, of 2,451,730). Total population for the State for 2009 is estimated at 24,782,302. This number reflects an increase of 18.8% for total State population and an increase of 10.2% increase in the county population since Given the expected 117% increase in the population of persons aged 65 years and older by 2030, policy makers face enormous challenges. Without policy initiatives and programs to prevent economic and health distress, vulnerable populations of low-income older adults are likely to increase substantially with distressing consequences for themselves, their families, and their communities (Brookdale Center for Healthy Aging & Longevity, The Value of Daily Money Management, June 2009). Many elderly victims VC 4-1

2 end up having to turn to the community for assistance with rent, utility bills, home repairs, and food. This puts an additional burden on community resources already stretched thin. 4. Organizations throughout Dallas County have been involved in the issue of economic fraud of the elderly for many years, among them: The Senior Source, Jewish Family Services, and ARC of Dallas County. These programs address two specific concerns for the elderly, guardianship and money management. For example, in 1995 the Guardianship and Money Management Program was initiated by The Senior Source as a result of requests from the Texas Department of Protective and Regulatory Services and the Dallas County Probate Courts. Providing guardianship services for incapacitated older adults who live in Dallas and several surrounding counties is one service of the Guardianship and Money Management Program. The older adults served by this program are not only unable to handle their own personal and/or financial affairs, but also have no appropriate family, friends or other support system to turn to for assistance. The Senior Source is appointed guardian of the person by the courts. This critical program recruits and trains volunteers to serve as legal guardians for older adults deemed incapacitated by the probate courts. The volunteers play a vital role in preventing abuse, neglect, or exploitation of these frail individuals who, for the most part, live alone. In addition to guardianship, a money management component offers assistance to low-income older adults who have difficulty managing their financial affairs. Many times the difference between living independently or requiring assisted living is the ability of the older adult to manage his or her money. Services are provided by two types of trained volunteers, bill payers and representative payees. The bill payer helps organize bills, balances the check book, sets up a monthly budget and assists with check writing (the client signs all checks). The representative payee, in addition to the duties listed above, is named on the Social Security check, reports to the Social Security Administration on how benefits are spent, maintains control over benefits, and signs all checks. VIP Volunteers help protect the well-being of this extremely vulnerable segment of our population and also help prevent their abuse, neglect, and exploitation. In addition to these nonprofit programs, there are a number of senior-focused businesses that provide guardianship and money management services for a fee. Seniors with an ability to pay utilize these entities after an assessment has been made, often at the request of family or friends who are unable to provide such specialized care. For those clients, these businesses play a major role in their ability to live as independently as possible. 5. Given the ever-growing senior population in Dallas County, cases of elder exploitation will only increase in the coming years. The isolated, the low-income, and the easily duped among the elderly will surely be the victims. Adult Protective Services, the DA s Office, and the County Courts concentrate, as they should, on efforts to apprehend, prosecute, and punish those responsible for economic crimes against the elderly. However, after the gavel in court goes down, someone must be there for the victims to help them pick up the pieces of their shattered lives. For those who cannot pay for guardianship and money management programs, nonprofits must fill the gap. The greatest need in the community at this time is increased funding for more staff to manage their expanding caseloads. Programs like the Guardianship and Money Management Program play a vital role in keeping the elderly safe, but these cases are not simple and thus are staff-intensive. For these programs to grow and meet the increasing need, there must be more staff to provide the service, whether it is assisting VC 4-2

3 with paying bills for a person not in need of guardianship or serving as a guardian for someone no longer able to handle their own affairs. There is also a need for increased training for all persons who encounter this issue. From caregivers to neighbors, clergy and medical professionals, all have a part to putting an end to the silence of this victimization. First responders, such as law enforcement, need to be more aware of the concerns affecting older adults and vigilant for signs of exploitation; banks and other financial institutions need further information on all aspects of elder fraud, including recognizing fraud against an elderly person and how to intervene quickly. In the larger community, the general public needs to be made aware that exploitation of an elderly individual is a crime and should be reported to the authorities immediately. Vehicular Crimes 1. There are a number of specific vehicular crimes which impact victims on a daily basis in Dallas County. Among the most prevalent are DWI-related offenses, which include Intoxication Manslaughter, Intoxication Assault (involving Serious Bodily Injury), DWI (with minor injury/property damage), and DWI/Child Endangerment (DWI with minor child in car). Also, the offense of Failure to Stop and Render Aid (FSRA) occurs in the community frequently. These Hit and Run crashes often result in no charges against the offending party, leaving the victim to deal with the full brunt of the crash physically and emotionally as well as financially. Obviously, the trauma resulting from any type of car crash is indeed a trauma. The effects of car crashes are numerous and evident-- death, serious injury, emotional and physical suffering, and financial devastation are among the most common effects. However, when the crash becomes a crime, the trauma is instantly compounded and complicated. Depending upon the offender s survival (mentally as well as physically), the criminal justice process most likely will become involved, with all that that system brings to the table--police, arrest, jail, judges, etc. With this process comes the extreme need of most victims for involvement, information, and, of course, intense interest in the outcome of the case. How the community is affected becomes clear when one is close to a victim of a vehicular crime and is witness to the tragedy that these crimes bring. However, a more far-reaching impact can be seen in the budgets of public hospitals with trauma capability when victims and offenders alike are treated at enormous community expense because of the criminal actions on a roadway. In 2000, alcohol-related crashes in the U.S. cost the public an estimated $114.3 billion, including $51.1 billion in actual monetary losses and $63.2 billion in quality of life losses (National Highway Traffic Safety Administration, NHTSA). People other than the drinking driver paid $71.6 billion of that bill, which is only 63% of the total (NHTSA). In 2000, the average cost of an alcohol-related fatality was $3.5 million; the estimated cost per injured survivor was $99,000 (NHTSA). VC 4-3

4 2. Alcohol-related fatality rates are a universal statistic used by most entities to determine the level of concern in a state or community. The following statistics are relevant to Texas and Dallas County for the last three years in which statistics are available: Year Total Traffic Deaths in Dallas County Total Alcohol-Related Traffic Deaths in Dallas County Total Alcohol-Related Traffic Deaths in Texas , , ,400 Source: National Highway Traffic Safety Administration 3. Drunk driving is a concern in Dallas County as well as around the state. NHTSA has determined that, although drunk driving deaths have significantly decreased overall in the US (as well as in Texas) in the last 20 years, Texas continues to lead the nation in these deaths. In 2009, the Dallas County Department of Community Corrections and Supervision processed 10,977 DWI probationers through their system. Of these offenders, 123 were on probation for Intoxication Assault, 54 for Intoxication Manslaughter, and 148 for Failure to Stop and Render Aid. Felony DWI offenders accounted for 2,079, and 411 were on probation for DWI/Child. Out of a total of 54,684 total probationers, DWI-related offenses accounted for 20% of offenders on probation. 4. Several agencies in the Dallas County area currently provide services for families experiencing the loss of a loved one due to a criminal act. Victims Outreach, MADD, Trauma Support Services of North Texas, Compassionate Friends and Parents of Murdered Children (self-help volunteer groups) provide crisis intervention, information and referral, and group support in varying degrees. 5. Certainly adequate resources should be allocated to agencies that provide direct services to these victims. The consistent decrease in roadway fatalities of this nature is evidence that this crime may become a thing of the past one day. Through the efforts of law enforcement, promotional campaigns, and education, the dangers of drinking and then driving are well in place in the minds of the vast majority of drivers on the road. However, victimizations continue to occur although not at an alarming rate as in the past and these victims require services. VC 4-4

5 Homicide, Assault, Robbery 1. Victims of crimes often suffer a broad range of psychological and social injuries that persist long after their physical wounds have healed. Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions. The emotional damage and social isolation caused by victimization can be compounded by a lack of support and even stigmatization by friends, family, and social institutions (New Directions from the Field: Victims Rights and Services for the 21st Century, Section III, Chapter 8, p. 219). Survivors of homicide victims experience the aftereffects of the crime just as described above, but compounded by grief over the untimely loss of their loved one. In particular, the parents of younger homicide victims struggle with the unnatural loss of their child. Child survivors of victims may face developmental setbacks and behavioral problems as they attempt to manage difficult emotions. Initially, survivors may receive support and help from friends, the community, and law enforcement, but the impact of homicide is long-lasting, and often the full impact of such a loss is not felt until years after the event long after friends, the community, and even law enforcement have moved on. Many times, one survivor is especially traumatized by the loss, but other family members recover at a faster pace, leaving the one survivor isolated and suffering. Robbery and assault victims often experience trauma reactions following the violent incident especially anxiety, fear, nightmares, flashbacks, anger, and isolation. They may be unable to work or perform daily tasks due to such reactions, yet often they find there is little support for them, especially if no significant physical harm occurred. Those who do suffer physical harm often must deal with not only the psychological trauma, but also must adapt to new physical limitations as well as manage anger and grief over their physical wounds and losses. As with homicide survivors, during the initial crisis phase, support from family, friends, and an employer may be adequate but quickly fades, while the assault victim may continue to struggle with the affects of the victimization for many months or longer. Because victims of violent crime commonly experience poor work productivity, increased absenteeism, alcohol and drug abuse, psychological and emotional disruptions, and strained interpersonal relationships, the impact of violent crime can spread through their family, social, and employment networks (Rebuilding Shattered Lives, Chu, 1998). The distress and trauma of victimization can result in family dysfunction or even violence, school and workplace friction, and other disruptions such as increased anxiety or anger among friends and neighbors. The costs of the struggle to recover are not only emotional but economic as victims (and the family members they support) encounter medical, burial, and legal expenses. Lost wages or even job loss may be experienced, or, at best, diminished productivity may persist. The community risks losing more of its tax base and is frequently called on to provide services or financial assistance to struggling victims. Another way that violent crime affects the entire community in effect, turning a community into another victim is through repeated media coverage. Constant exposure to stories, often detailed or graphic, of violent crimes can lead to increased, and often unwarranted, fear, prejudice, aggression, and withdrawal of residents from social interaction with neighbors which exacerbates and perpetuates the cycle of fear and violence by reducing community connections and awareness of others. VC 4-5

7 3. In Dallas County, the overall number of violent offenses has declined in recent years, and the rates of violent crime in the county are only slightly higher than state rates. However, the rate of violent crime in the city of Dallas remains much higher than surrounding communities and the state average. For example, statistics from the Dallas Police Department reflect that the 2009 murder rate was 138% higher than the state rate per 100,000 persons. Rates for robberies reported in the City of Dallas were 177% above the state rates in Aggravated assault rates have dropped significantly but remain above the state average. Given relatively high rates of violent crime, alongside weaker economic conditions and increased poverty in the Dallas region (2008 Community Needs Assessment, United Way of Metropolitan Dallas), it is likely that the need for services for victims and others affected by violent crime will remain strong in coming years. 4. Dallas County has a number of long-established coalitions of victim service providers that serve to facilitate awareness, referrals, training, and support among staff of both public and private service providers. In addition, there are victim advocates at most local law enforcement departments as well as numerous agencies who offer a wide array of services, but many of these advocates are dedicated for victims of family violence. Resources are limited for victims of crimes such as homicide, robbery, and assault. Only three social service organizations in the county include such victims in their service population (Victims Outreach, Trauma Support Services of North Texas, and Victims Relief Ministries). These agencies provide free crisis intervention, counseling, advocacy, and support services for this underserved group, but all are small organizations with very limited capacity to perform sufficient intervention, advocacy, outreach, and education across this large, urban county. 5. Crime victims need crisis intervention and advocacy to deal with the immediate effects of violence and to support their involvement with the applicable civil or criminal justice systems. Victims of violent crime who receive intervention quickly are more likely to regain the emotional stability needed to improve functionality in all areas of their lives. Benefits include decreased feelings of isolation, depression, and helplessness, a reduction in negative coping skills, increased job productivity as well as the development of positive social relations. Thus, intervention via counseling and crisis services for victims of crime can promote individual healing while also enhancing overall community well-being. Counseling and support groups are warranted not only in the immediate aftermath of a crime, but to serve ongoing needs of victims and their families as they survive and try to heal from violence and loss. In order to provide adequate care and assistance to these previously underserved victims of crime, the Dallas community needs: 1) regular training for all law enforcement on responding to victims needs in homicide, assault and robbery cases; 2) collaborative cross-training and networking among law enforcement, criminal justice professionals, and social service providers to ensure that accurate information and supportive assistance is provided to victims upon entry into the victim assistance arena; 3) an increase in staffing funds for local victim service agencies to provide vital assistance to clients on an ongoing, round-the-clock basis, including more staff VC 4-7

8 who are bilingual to provide crisis, advocacy, and counseling services to a growing Hispanic population. Undocumented Victims 1. Undocumented persons are especially vulnerable to crime. They are at increased risk of victimization not only because of cultural and linguistic barriers, but also due to the lack of awareness about the law, their rights, and available services. In particular, they have a tendency to underreport crimes to the police out of fear that they will be deported. This in turn thwarts the investigative abilities of the law enforcement agencies. In order to protect not only immigrants but the community as a whole from criminal activity, the relationship between the immigrant population and law enforcement must be strengthened to facilitate cooperation. Additionally, the immigrant population needs community outreach to educate them about the laws and the services available to them in the event that they become victims of crime. Although there are community services and agencies that can help undocumented crime victims, the undocumented members of our community are often unaware of them or do not know that they might be able to qualify for services such as crime victims compensation, counseling, and domestic violence shelters. Consequently, these victims are less likely to receive needed services to cope with both short- and long-term effects of victimization. At the same time, service providers are often overwhelmed and unable to fully assist victims due to a lack of resources. Consequently, they must sometimes ask incoming victims to look elsewhere for housing, legal services, and/or counseling. Further exacerbating the problem for undocumented persons is the fact that some service providers are restrained by grant requirements that their clients have legal status. 2. It is extremely difficult to produce a specific total for the undocumented population in Dallas County. The Census Bureau did acknowledge in 2009 that Dallas County had one of the top 10 hard to count populations in the country, estimating that 364,226 individuals fall into this category. Hard to count populations include persons who are ethnic minorities living in economically-depressed areas (The Census Project). The Pew Hispanic Center estimates that, for the year 2009, about 1,600,000 undocumented individuals lived in Texas. 3. Recognizing the difficulty in quantifying undocumented individuals who are victims of crime, it is important to note that law enforcement agencies in Dallas County (as well as throughout Texas) are mandated by the Governor s office to designate an individual within their department as the Victim Assistance Coordinator. These Coordinators are required to provide services to crime victims regardless of citizenship status. In fact, at the Dallas Police Department, the largest policing agency within Dallas County, a victim s legal status is not considered during an intake call or visit and no known police agency within Dallas County keeps current statistics on victims of crime who are U.S. citizens and those who are not.. Hence, even for law enforcement, the number of undocumented victims is an unknown. Ideally, the fact that law enforcement agencies are not tracking legal status of victims should be made known to the community in order to encourage reporting and cooperation from the undocumented population. 4. Despite the problems that service providers face in determining the extent of the problem of undocumented victimization, there are two agencies in Dallas County VC 4-8

9 dedicated to assisting the undocumented victim navigate family, criminal, and immigration matters--catholic Charities and Mosaic Family Services. Of particular relevance to undocumented crime victims are the relatively recent VAWA, T-Visa, and U-Visa provisions of immigration law which provide pathways to residency for some victims of domestic violence, human trafficking, and victims of certain qualifying violent crimes. Especially with the promulgation of U-Visa regulations in September 2007, more undocumented crime victims are seeking legal assistance, although further outreach is needed to ensure that both undocumented crime victims and law enforcement understand such legal avenues. Synergy between the undocumented victims and law enforcement is vitally important to successful T-Visa and U-Visa applications which require proof of reasonable cooperation with investigative authorities. The U-Visa applicant must submit a certification form signed at the discretion of qualifying law enforcement officials. When the law enforcement community is uninformed, suspicious, or simply uncooperative during this important phase, it undermines the very purposes of the T-Visa and U-Visa which are to strengthen the relationship between the undocumented and policing communities and facilitate cooperation so that criminals are more likely to be subject to the criminal justice process. Even for individuals who are eligible to apply, the lengthy wait for adjudication leaves the undocumented victims with a continued need for community resources since they are without work authorization. 5. Paramount to the provision of potential services for immigrant crime victims is the need for culturally sensitive, bilingual, and affordable service providers or advocates. This is especially true as Dallas sees more incoming refugees every year, emphasizing the need to supplement Spanish-speaking services with other language capabilities. The Census Bureau released figures that show that in 2000, 32.5% of Dallas County households spoke a language at home other than English. For the three year period of , that same bureau reported that 39.6% or 861,116 persons (age 5+) of Dallas County did not speak English at home. For services to be effective for undocumented crime victims, it is important that the victims comprehend and feel comfortable with service providers, especially because word-of-mouth testimonies play an important role in the immigrant community in disseminating information about available services. Cultural issues must also be addressed because they will affect the victim s willingness to make complaints, appear in court, and even how victims perceive pro bono service providers. Services must also be affordable for undocumented victims who seem more prone to poverty than others. Dallas County has a poverty level that is slightly higher than the state average of 15.8% (17.3% as reported by The Census Bureau for 2008). Because many undocumented crime victims are women who are survivors of domestic violence, it is also useful to consider that the number of families with a female as head of the household is estimated at 30% in Dallas County. Calculating the amount of resources needed to aid undocumented victims of crime is difficult due to the very fact that the victims are undocumented. In terms of immigrants generally, 20.9% of Dallas County residents reported being foreign-born for the period compared to 13.9% statewide (Census Bureau). The undocumented are more likely to underreport their victimization which further complicates the identification of resources truly needed. In Dallas County, this is especially important to note because some agencies outside of Dallas County often refer victims to Dallas County programs and services. As a result, the effects of underreporting are compounded and place an even greater burden on the service providers in Dallas. VC 4-9

10 Though it is difficult to provide specific numbers to substantiate the actual need for services for undocumented crime victims, such a need does exist and is demonstrated by the numerous service providers in Dallas County who are overwhelmed by demand from these victims. For instance, Catholic Charities estimates that 50,000 individuals in Dallas are served each year by the organization through a variety of programs. Dallas County would be well-served to focus on helping undocumented crime victims secure services because they otherwise might not report crimes that are occurring in the community. In fact, criminals may be encouraged to victimize communities where they know their crimes are less likely to be reported. As population growth continues in Dallas County, coupled with the recent economic downturn, crime rates may increase. Situated in a major metropolitan area, Dallas County must be vigilant when it comes to crime. According to the FBI Crime Reports Database, there were 11,420 violent crimes in Dallas in To combat crime, the value of community outreach cannot be overestimated. Education and cooperation play a vital role in ending the cycle of victimization. Otherwise, fear of the investigative community may lead victims to remain silent at first, waiting until the consequences of their victimization are too serious to ignore. Human Trafficking 1. Human trafficking is a form of modern-day slavery. It is the illegal trade in human beings through abduction, the use or threat of force, deception, fraud, or sale for the purposes of sexual exploitation or forced labor. Every year, children and teenagers as well as men and women from all over the world are transported within or across borders and forced to work in prostitution, the sex entertainment industry, domestic servitude, sweatshops, restaurant work, migrant agricultural work, and many other industries. Human trafficking is multinational, an organized criminal industry that generates billions of dollars a year. (HHSC Report October 2008: The Texas Response to Human Trafficking.) Vulnerability to human trafficking is associated with poverty-related, situational, and personal characteristics. For example, people looking for opportunities to better their or their family s lives are particularly vulnerable to being exploited through false promises or misleading contracts. Also, situational characteristics, such as isolation or being an undocumented immigrant, as well as personal factors like being a woman or a child, or lacking knowledge about individual rights, increase vulnerability to human trafficking. The experience of being trafficked means that individuals often endure considerable fear and anxiety over extended periods of time. This causes extreme suffering both physically and emotionally, and makes the immediate and long-term needs of victims very expansive. In addition, victims often have nothing but the clothes on their backs, which means they need food, clothing, temporary and long-term shelter, and employment. Also, they have potential safety concerns that need to be addressed. The consequences of the traffickers control tactics include fear, anxiety, shame, and humiliation which play a significant role in creating barriers to victims seeking help. In addition, immigrant victims of human trafficking may have significant language and cultural barriers that impede their ability to seek help as well as a lack of awareness or understanding about their rights in America or knowledge about who to turn to for help with their situation. Although victims of trafficking share some of the same needs as VC 4-10

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